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New born Enter in UK immediately after birth

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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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ric1982
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New born Enter in UK immediately after birth

Post by ric1982 » Thu Oct 11, 2012 9:50 am

Hi,

My wife is due for the baby in next March. We are planning to send her to India for her the delivery.
When the baby is born we are planning to apply for her Indian Passport (Father British (by naturalisation not by birth) / Mother Indian ILR).

My quesiton is could the baby (With only Indian passport no visa) and mother come back to UK just 2 months after delivery? Or the baby needs ILR on the passport to enter UK. bare in mind the baby would be approx. 2 months old.

Please advise
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geriatrix
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Post by geriatrix » Thu Oct 11, 2012 11:45 am

The problems you may face:
1. Convincing Indian immigration that the child can travel to UK without a valid UK visa.
2. Convincing the airline staff to let him board the plane without a valid visa for UK.

You can then expect to spend some extra time at UK Immigration answering questions and explaining that the child is a British citizen (by birth) travelling on a foreign passport.
Life isn't fair, but you can be!
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vinny
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Post by vinny » Thu Oct 11, 2012 11:47 am

If the father is British by naturalisation (18.2.6) then baby will automatically be British by descent (2(1)(a)).

A British child may apply for a British passport or a Certificate of Entitlement to the Right of Abode.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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ric1982
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Post by ric1982 » Thu Oct 11, 2012 12:22 pm

vinny wrote:If the father is British by naturalisation (18.2.6) then baby will automatically be British by descent (2(1)(a)).

A British child may apply for a British passport or a Certificate of Entitlement to the Right of Abode.
Does it mean that I can not register baby as Indian even when mother is Indian citizen?
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geriatrix
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Post by geriatrix » Thu Oct 11, 2012 12:26 pm

You can, if he is eligible for Indian citizenship.

The choice is yours, and whatever option you choose to opt for you'll have to take the necessary subsequent steps to enable the child to travel from India to UK.

e.g. -
British citizenship -> British passport -> Exit visa
Indian citizenship -> Indian passport -> Certificate of entitlement to right of abode.
Life isn't fair, but you can be!
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gidoc
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Post by gidoc » Sat Oct 13, 2012 8:23 pm

>>Indian citizenship -> Indian passport -> Certificate of entitlement to right of abode.

Once child applies for British PP, he will have to surrender Indian PP as well. This option is going to be quite complex.
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